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IMPORTANT IMMIGRATION UPDATE: TRAVELING WITH ADVANCE PAROLE
- I.S. Law Firm
- 3 hours ago
- 3 min read
A major new BIA decision has changed the rules for certain green card applicants who travel outside the United States using Advance Parole.
Until now, many adjustment of status applicants who had overstayed could travel with Advance Parole without that trip triggering the 3-year or 10-year unlawful presence bar.
The BIA has now changed that rule.
If you accumulated more than 180 days of unlawful presence in the United States, traveling with Advance Parole may now trigger a 3-year or 10-year bar.
This does NOT affect everyone with Advance Parole. Whether you are affected depends on your individual immigration history and how much unlawful presence you accumulated.
Most importantly: an approved Advance Parole document does not necessarily mean that it is safe for you to travel.
If you have a pending green card application and an approved or pending Advance Parole application, speak with an immigration attorney before leaving the United States.
We Can Help
I.S. Law Firm is reviewing how this new decision affects adjustment of status applicants. If you have Advance Parole and are considering international travel, schedule a consultation before making travel plans:
Here are answers to some of the most important questions:
Q: I have an approved Advance Parole document. Is it still safe for me to travel?
A: Not necessarily. An approved Advance Parole document gives you permission to seek return to the United States, but it does not guarantee that leaving will have no immigration consequences. If you previously accumulated unlawful presence in the United States, you should speak with an immigration attorney before traveling.
Q: What changed?
A: For many years, immigration law generally treated travel with Advance Parole differently from an ordinary departure when applying the unlawful presence bars. The BIA has now overruled that rule. Travel with Advance Parole can now count as a departure and potentially trigger an unlawful presence bar.
Q: Does this affect everyone who has Advance Parole?
A: No. The new decision is especially important for people who previously accumulated significant unlawful presence in the United States.
Q: What happens if I was unlawfully present for more than 180 days?
A: Depending on the amount of unlawful presence and your individual circumstances, leaving the United States may trigger a 3-year or 10-year bar.
Q: I overstayed my visa. Does that mean I cannot travel?
A: Do not assume either way. The calculation of unlawful presence can be complicated. Your immigration history should be reviewed by an attorney before you travel.
Q: I am married to a U.S. citizen. Does that protect me?
A: Not automatically. Marriage to a U.S. citizen can forgive certain immigration violations when applying for a green card inside the United States, but it does not automatically prevent an unlawful presence bar from being triggered by departure.
Q: Can the 3-year or 10-year bar be waived?
A: Sometimes. Certain applicants may qualify for a waiver, particularly when they have a U.S. citizen or permanent resident spouse or parent and can establish the required hardship. Waiver eligibility depends on the individual case.
Q: What if my only U.S. citizen relative is my child?
A: A U.S. citizen child alone generally does not qualify as the required relative for this particular unlawful presence waiver. This makes obtaining legal advice before traveling especially important.
Q: I already traveled with Advance Parole before this new decision. Am I now subject to the bar?
A: The BIA specifically stated that its new rule will apply prospectively. This is very important for people who traveled under the previous rule. Your particular travel dates and immigration history should still be reviewed by an attorney.
Q: I already have plane tickets. What should I do?
A: If you have a pending green card case, have Advance Parole, and have ever overstayed or been unlawfully present in the United States, speak with an immigration attorney BEFORE leaving the country.
Q: USCIS approved my Advance Parole. Does that mean USCIS determined that my travel is safe?
A: No. Approval of Advance Parole should not be treated as a determination that international travel will have no effect on your immigration case.
I.S. Law Firm
P.: (703) 527-1779
W.: islawfirm.com
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